Court formally throws out more than 21K tainted drug cases

Lawyer Blog Post 2017/04/21 11:12   Bookmark and Share
The highest court in Massachusetts has formally approved the dismissal of more than 21,000 drug convictions that were tainted by the misconduct of a former state drug lab chemist.

The American Civil Liberties Union of Massachusetts says the final order from the Supreme Judicial Court on Thursday marks the single largest dismissal of convictions in U.S. history.

The action by the court was expected after seven district attorneys in eastern Massachusetts submitted lists on Tuesday totaling 21,587 cases they would be unwilling or unable to prosecute if new trials were ordered.

The cases were called into question when chemist Annie Dookhan was charged with tampering with evidence and falsifying drug tests. Dookhan pleaded guilty to perjury and other charges in 2013 and served a three-year prison sentence.

White officer headed to court ahead of civil rights trial

A white former South Carolina police officer charged in the death of an unarmed black motorist is expected in court as his federal trial approaches.

A motions hearing is scheduled Friday in the case against 35-year-old Michael Slager.

Slager's federal civil rights trial in the death of 50-year-old Walter Scott starts next month. Another hearing is scheduled for Monday, when attorneys will discuss the admission of certain experts to testify.

Last month, a federal judge ruled prosecutors may show jurors video of the former North Charleston officer shooting Scott. The bystander's cellphone video was viewed millions of times around the world.

Slager also faces murder charges in state court, where his first trial ended in a hung jury. His retrial is scheduled for August.


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Pakistan court to decide on accusations against PM's family

Attorney News 2017/04/20 11:12   Bookmark and Share
Under tight security, Pakistan's top court is to deliver a much-awaited decision on Thursday on corruption allegations against Prime Minister Nawaz Sharif's family which could determine his political future.

If the Supreme Court announces punitive measures against Sharif or his family members as part of the decision, it may lead to a crisis in government. In 2012, the same court convicted then-Premier Yusuf Raza Gilani in a contempt case, forcing him to step down.

Thursday's decision will be the outcome of petitions from opposition lawmakers dating back to documents leaked in 2016 from a Panama-based law firm that indicated Sharif's sons owned several offshore companies.

Sharif's family has acknowledged owning offshore businesses.

The opposition wants Sharif, in power since 2013, to resign over tax evasion and concealing foreign investment. Sharif has defended his financial record.

Information Minister Maryam Aurangzeb told reporters the government will "accept the court decision."

Naeemul Haq, a spokesman for cricketer-turned-politician Imran Khan, whose party is leading the petition, said the decision will be an "historic one."

Lawyer A.K. Dogar, who is not involved in the probe by the Supreme Court or the petition, said the decision could determine the political fate of Sharif.

Senior opposition politician Mehnaz Rafi, from Khan's party, told The Associated Press she hopes the decision will help recover tax money from Sharif's family and others who set up offshore companies to evade taxes. If the court finds Sharif's family evaded paying taxes, she said he should resign as he will no longer have "moral authority to remain in power."

The prime minister has insisted his father built up the family business before Sharif entered politics in the 1980s. Sharif says he established a steel mill abroad while he was exiled to Saudi Arabia by former military ruler Pervez Musharraf, who seized power in a coup in 1999.

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Conservatives fault Arkansas court for halting executions

Lawyer Blog Post 2017/04/20 11:12   Bookmark and Share
Arkansas' attempt to carry out its first execution in nearly 12 years wasn't thwarted by the type of liberal activist judge Republicans regularly bemoan here, but instead by a state Supreme Court that's been the focus of expensive campaigns by conservative groups to reshape the judiciary.

The court voted Wednesday to halt the execution of an inmate facing lethal injection Thursday night, two days after justices stayed the executions of two other inmates. The series of 4-3 decisions blocking the start of what had been an unprecedented plan to execute eight men in 11 days were only the latest in recent years preventing this deeply Republican state from resuming capital punishment.

The possibility that justices could continue sparing the lives of the remaining killers scheduled to die this month has left death penalty supporters including Republican Gov. Asa Hutchinson frustrated and critical of the high court.

"I know the families of the victims are anxious for a clear-cut explanation from the majority as to how they came to this conclusion and how there appears to be no end to the court's review," Hutchinson said in a statement after the Wednesday ruling.

Since the last execution in 2005, the state Supreme Court has at least twice forced Arkansas to rewrite its death penalty law. One of those cases spared Don Davis, who again received a stay Monday night. The legal setbacks at one point prompted the state's previous attorney general, Dustin McDaniel, to declare Arkansas' death penalty system "broken."

But unlike the earlier decisions, this stay came from a court that had shifted to the right in recent elections. Outside groups and the candidates spent more than $1.6 million last year on a pair of high court races that were among the most fiercely fought judicial campaigns in the state's history. Arkansas was among a number of states where conservative groups spent millions on such efforts.
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Not guilty pleas entered for accused in Canada polygamy case

Court News 2017/04/19 11:12   Bookmark and Share
The trial of two Canadian men from a fundamentalist sect that allows men to have multiple wives opened Tuesday with not guilty pleas being entered on charges of practicing polygamy.

Winston Blackmore and James Oler each face one count of polygamy. Both men have served as bishops for the religious settlement of Bountiful, British Columbia which follows the teachings of the Fundamentalist Church of Jesus Christ and Latter-Day Saints, often referred to as the FLDS.

Oler is accused of having four wives. He pleaded not guilty. Blackmore remained mute and Justice Sheri Ann Donegan said a not guilty plea would be entered on his behalf. Blackmore is accused of marrying 24 women over 25 years.

Blackmore's lawyer, Blair Suffredine, said outside court his client chose to say nothing for religious reasons.

"He doesn't want to deny his faith. He doesn't feel guilty," Suffredine said. "The technical way around that is don't say anything and they'll enter the plea not guilty."

Special prosecutor Peter Wilson told the court his case includes marriage records seized from the church's Yearning for Zion Ranch in Texas, which were used in 2010 to sentence leader Warren Jeffs to life in a U.S. prison for sexually assaulting two young girls.
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Austrian court: ex-Croatian general guilty of embezzlement

Court News 2017/04/18 11:13   Bookmark and Share
An Austrian court has found a former Croatian general guilty of embezzling millions of euros and sentenced him and an associate to two years in prison.

The court in the southern city of Klagenfurt determined Wednesday that the ex-general, Vladimir Zagorec, and Guenter Striedinger were involved in diverting loans from the now-defunct Hypo Alpe Adria Bank. Striedinger was a bank board member.

Judge Michaele Sanin said the damages caused by the two amounted to over 17 million euros ( $18 million.)

The bank was nationalized to prevent bankruptcy in 2009 and its assets are being sold to pay off creditors.

Lawyers for both men say they are appealing the verdict and sentence.

A third man whom the court did not name also was found guilty and given a suspended prison term.

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Ohio high court will review full autopsies from 8 slayings

Legal Interview 2017/04/17 11:13   Bookmark and Share
The Ohio Supreme Court wants to see unredacted autopsy reports from eight slayings in one family as justices consider media lawsuits seeking access to those full reports from the year-old, unsolved case.

The court on Wednesday ordered the Pike County coroner in southern Ohio to submit the reports within two weeks for justices to review outside of public view.

The case involves seven adults and a teenage boy from the Rhoden family who were found shot to death at four homes near Piketon last April.

The Columbus Dispatch and The Cincinnati Enquirer separately sued for access to the full autopsies.

Authorities want to shield information, arguing that its release could compromise the investigation. The coroner also says victims' relatives raised concerns about sharing details of how their loved ones died.
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